Sgt. James P. Tyrrell testified he was at a desk in the prison visitor center when he was attacked from behind by Colon and Nebot.

They allegedly moved to the prison gate with Tyrrell as a hostage and encountered corrections officer Norman Lash, 54, who told the two men they were not going to get out.

Nebot then fired a gun at Lash, Tyrrell said, wounding him in the upper left leg. Tyrrell struggled with Lash and Colon for control of the gun.

Lash, who was armed with an AR15 rifle, testified that at first he could not shoot, for fear of hitting Tyrrell, but when he saw the gun pointed at him, he fired and hit Nebot in the chest. Nebot dropped the gun, a .25-caliber semiautomatic pistol.

Colon was on the ground beneath Tyrrell, said Lash, and was ordered to keep his face on the ground and not move.

Colon was returned to Bucks County Prison in lieu of $100,000 bail, and Millan was returned to Lebanon County Prison in lieu of $10,000 bail.

Murder and homicide charges against Millan and Colon were dropped. Assistant District Attorney Allen Sodomsky cited a precedent-setting state Supreme Court case involving a Reading homicide, which reversed a conviction on the grounds that a person could not be held accountable for the death of a co-defendant who is killed by a law enforcement officer.